HomeMy WebLinkAboutflowage/conservation easement/1978 Aft ;
.4 FLOWAGE AND CONSERVATION EASEMENT
AND NAIVER OF DAMAGES '
: THIS INDENTURE, made and entered into this .7p day of. `
March, 1978, by and bete;een James F. .Lawrence anaArr a M. Lawrence- 'i ,.:
husband and wife, themselves, t eir heirsjo ass gns, successors
(hereinafter collectively referred to as t e Grantors) and -the City y9 ;
of Orono, its successors and assigns, a municipal corporation°under k
the laws of the State of Minnesota (hereinafter referred to as the.
Grantee) .
WITNESSETH, Grantors, for and in considezation of the sum of
One Dollar ($1.00) and other valuable consideration, hereby covenant, "
grant, gift, quit claim and convey to Grantee the right to restrict
and Grantors agree to limit and preclude the use, improvement and
4 development, under the conditions and covenants herein contained,
the fallowing described Land in the County of Hennepin and State
of Minnesota:
On Exhibit A as attached hereto and incorporated herein.
w �'C
to
as follows:
1. Grantors hereby covenant and agree:
A. No structures shall be constructed, erected, or
placed upon, above, or beneath the Land including without limitation,
fences, fireplaces, steps, docks, piers, hard-cover or roads of any
nature whatsoever, or anv other structure or improvement inconsistent
with the natural state o= the Land.
B. No trees, shrubs or other vegetation shall be destroyed,
cut or removed from the Lard except as authorized by written consent
of Grantee.
C. No earth, loam, peat, gravel, soil or any other natural
material or substance shall be moved or rem::vE.0 from the Land and
there shall be no dredging or excavation of any natcre whatsoever
or any change of the topography of the Land without the written
consent of Grantee.
D. Nu soil, sand, travel or other substance or material as
landfill shall be placed, dumped or stored upon the Land and no
waste, trash or garbage shall be placed, dumped or stored upon
the Land.
F No use shall be made of the Land except uses, if any,
which will not chance or alter the natural condition of the Land,
and n,) use which would tend to change the drainage, flood control,
hater conservation, erosion co _rol , soil conservation, fish and
wildlife habitat characteristics shall be made of the Land .,r the
water situated thereon.
F. Grantee may Enter upon the Land for the purposes of
inspection and enforcement of the covenants contained herein and ry
to cause to be removed from the Land without any liability any
TM_ structures, uses, materials, substances, or unnatural matter a
inconsistent with the covenants contained herein and the natural
state of the Land.
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2. Grantors hereby grant, gift, quit claim and convey to 4£.
Grantee, a perpetual flowage easement and right and privilege to
trespass with water over and upon any or all of the Land.
3. Grantors herein do hereby remiss, release, acquit and
+ forever discharge, forever, the Grantee and any and all of' its r"
officers and employees of and from any and all claims, demands or...
causes of action of any kind or nature whatsoever which may arise
or accrue by virtue of any flowage or trespass with water. within`'
terms of these agreements.
In addition to any other remedy the Grantee may have, the
covenants and restrictions contained herein may be enforced by
injunction.
Grantors do not intend that the public should have any
interest. in the above land by virtue of this indenture or other-
wise, except as hereinabove set forth.
The Grantors herein certify that the land herein described
is free and dear of all encumbrances except:
mortgage to Northilestern national Bank of Hopkins.
41
All the provisions hereof shall run with the land and shall
extend to and bind the heirs, successors, representatives, grantees
or assigns of the respective parties hereto.
James F. Lawrence
Pr I a M- Lawrence
t
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
On this 2,Q � day of March, 1978 , before me, a Notary Public
within and for said County and State, personally appeared James F.
Lawrence, and Arla M. Lawrence known to me to be the persons
described in and who executed the foregoing instrument, and
ackncwledged that they executed said instrument as their own free
act and deed.
.Notary Public O
STATE DEED TAX DUE HEREON: Exempt
JINNELLE nK IN>=1S
MOTARY �e�)C-UPONSOTA
KWRIGHT COUNTY ic
ZMy Convnnsion E+pues Oct -1.1"1 i
•hIs Instrument was drefted by
�i JZ Midwe,! Y'ir,Za JIC G,
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XHIBIT A
GORDONGOROON R. COFFIN
LAND TUMVEYON AND FLAN"["
fet!WAT[NTOWN ROAD
4
LONG LAK[,MIN".6lJli `h
1-18,-78 y �.
Drainage Sasemeat Description ;
for Jame F. Laurence
in Tract 9, ;Wgister*d Land Sury No. 1418
Hennepin County, Minnesota
` That part of Tract B, Registered Lead SUrvey No. 14189 filsa of Registrar
4s of Titles, County of "•ennepin, lying within 15 foot on earh aide of the
following-described centerline: Commencing at the Northeast corner of
said tract; thence on a bearing of South 88011` West along the North "no
of said tract a distance of 540 feet to the point of beginning of the
centerline being described; thence o�15hfee�; thence South 470 Bas301 zast, a distance oft a diss-�
thence South 43° West a distant
farce of 85 ;'eet; thence South 19° West a distance of 80 foot; thence
South 760 'jest a distance of 75 feet; thence North 310 West a di3tance of
A,..
67 fret; thence South 590 West a distance of 28 feet; thence North 150 '„seat
a distawe of 42 feet; thence South 750 West a distance of 55 feet; thence
North 200 West a distance of 56 feet; thence South 890 west a distance o;
85 feet; thence South 270 west a distance of 42 feet; thence North 200 West
a distance of 52 feat; thence South 700 bleat a distance of 85 feet; thence
South 170 hest a distance of 44 feet; thence North 609 West a distance of
81 feet; Lhencs South 600 West to the Westerly line of said tract, and said E
centerline tt are endi- . `ff
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